yesterday my daughter, sally, turned 21, and my wife and i took her to cavern on the green for her first dream. she says it was her first drink. she couldn't finish it. happy birthday, sally. the good morning, everybody, the war in the middle east going to new level. israel calling up reinforcement. 16,000 more troops and vowing to keep shelling gaza until the mission is complete. that mission to shut down hamas tunnels. i'm bill hemmer, welcome to "america's newsroom." patti ann. welcome back to you. >> great to be here. i'm patti ann browne in for martha maccallum. israel storming homes in gaza trying to find those tunnels. [gunfire] bill: that is fierce street-to-street fighting in gaza city. israel facing increased backlash over the rising civilian death toll. accusation it is hit a u.n. school and refugee camp

yesterday. israel saying it will investigate that. claiming hostile fire was coming from the school. hamas uses human shields to protect its weapons in those schools. john huddy live near the border. john, we hear another u.n. school may have been hit. what can we report about that? >> reporter: well, yeah, bill and patti ann, we're hearing that possibly the target was a mosque next to the school but the school took fire as well. we're not hearing of any deaths at this point but we're hearing of a lot of injuries, including many children who were rushed to the hospital. this happened earlier today in the northern part of gaza and as you mentioned of course this comes a day after another u.n.-run school, these schools have been serving as shelters, was also hit by artillery fire. 17 people died yesterday. and that, in that fire and also dozens of others were injured including children as well. this is why there is growing

pressure for a cease-fire agreement, for both sides to come to some kind of resolution of this as the death toll on both sides of the border continues to rise. now israeli prime minister benjamin netanyahu said today, that with or without a cease-fire israel will continue the operation, and you touched on this, of seeking out, rooting out and destroying hamas's network of tunnels. we went into one of those tunnels yesterday. i got to say, bill and patti ann, it was pretty unnerving getting in. we went deep into it, 100 feet deep inside the tunnel. you heard some artillery fire. they caught it midway. this is one of 32 tunnels discovered so far. military commanders on the ground say, at this point es, most of them have been destroyed. i don't know if you could hear that. there is outgoing artillery fire. we've seen some explosions in the distance as well, bill. bill: we sure can. quickly, john, 16,000 israeli troops called up, is that a sign

that the israeli military will expand the offensive in gaza? >> reporter: we, our understanding, those troops, the 16,000 will be relieving other troops on the ground. according to israeli defense forces right now, there are 73,000 total troops on the ground here on the border but there has been talk, bill, about expanding expanding that ground offensive, going deeper into gaza. but at this point we're hearing that is not going to happen. but instead as i said the operation of destroying the tunnels which has been a main objective, and remains the main objective will continue. this, as i mentioned, you hear explosions in the distance, we can smell the folk as it is blowing towards us in the wind. bill? bill: john, thank you very much. we'll be back with you with more headlines from the israelly gaza border. john hud city, thanks. >> members congress hearing more about the disasterous rollout of the obamacare website.

the report from the accountability office blames not the contractor but the obama administration calling it failure of management. it says the office in charge of healthcare.gov created widespread confusion by constantly changing orders, leading to millions in cost overruns. elizabeth prann right now has more for us. she is in our washington newsroom. hi, elizabeth. what can we expect? >> reporter: hi, patti ann, can expect law makers to ask the tough questions after reading the government accountability office report. it blasts the center for medicare & medicaid services the agency in charge of the botched rollout. the gao found the federal health care exchange quote, developed without effective planning or oversight practices, certainly a huge change of tune from what the administration touted as success. >> despite all that, thousands of people are signing up and saving money as we speak. many americans with a preexisting condition again are discovering that they can finally get health insurance

like everybody else. >> reporter: the gao report cited specific incidents ever poor planning, oversight and lack of organization, certainly something that principle deputy administrate at cms andy slavitt will have to answer when he testifies moments from now, around 9:15, patti ann. >> elizabeth what consequences have come out from all this? >> reporter: we saw first-hand unforgiving rollout but cost too which is important for taxpayers to know about. between september of 2011, this last february, the price tag for building the marketplace skyrocketed. what was once 56 million, turned into $209 million for the time period alone. earlier this year, the agency said it cost 840 million to build healthcare.gov in total. patti ann back to you. >> elizabeth prann live in washington. thanks. bill: today we're looking at two big votes in congress with lawmakers set to start a five-week recess tomorrow. house republican leaders

scrambling to get last minute support for border control bill to deal with surge of illegals. some republicans are against that. they say it doesn't address granting of work permits to immigrants brought here illegally as children. the senate due to take up bipartisan plan to start revamping troubled va department. spending billions to open additional clinics and hire more doctors to refer veterans to outside care if they can not get timely soon. we'll watch those. meantime new jobs numbers out moments ago. number of americans applying for first time unemployment benefits went up to 302,000. that is jump 23,000 week to week. what does that mean for the recovery after gdp number yesterday? stuart varney, fox business network. analyze the numbers. good or bad, stuart? >> important to look at the big picture. number of 302,000 for first time jobless claims, that is essentially layoff rate and it is coming down.

this 300,000 number, represents an improving layoff picture. you know, bill, there is separate report with much better news than that. the biggest jump in wages in six years has just been reported. that is the biggest jump in six years. >> what explains that? people making more money for the hours they work? >> essentially what you've got here is gradually improving economy. now it is still the worst recovery from any recession since world war ii but there is improvement here. bill, we were talking about this yesterday. the reaction to these new numbers has been instant. interest rates straight up. stock prices straight down. the dow will open about 100 points lower this morning. that is the traditional reaction to an improving economy. that is what these two reports show today. bill: got two more quick points. 302,000, if you're right around 300,000, is that where you want to be? >> you would love to be down at 250. if we had a booming economy you would be down to 250.

300,000, that is moderate, modest improving economy. that is what it shows. bill: got it. i'm hearing news out of argentina is bouncing around today they may default. >> they have defaulted, yes. bill: they have defaulted. does that affect us? >> no, not directly, not immediately. and probably not at all. unless it leads to some kind of real tremors in the global debt market that. could affect us all. but at the moment that looks like very unlikely prospect. bill: sometimes you know, you get a hiccup in portugal and everybody freaks out. stuart, thank thank you. see you at 11:00 a.m. on fox business. >> thanks to you, bill. bill: to you at home, at work, on your mobile device, how is the economy where you live now? is it good, is it struggling or is it getting better? send us a tweet @billhemmer,@patti ann browne next few hours. we'll read those. interesting to see how in different parts of the country how people feel about things and how things are going.

wide variation of response. fire away. >> house speaker john boehner telling the president to check his job description. >> not only about the specifics of what you took, but think about how you took it as one body, standing together. >> how is the white house responding now that the house has approved a lawsuit against the president over executive orders? we'll tell you. bill: kind of surprising reaction too. a pipe may be shut off but the water damage is not finished by a long shot. why the situation in southern california might be far from over. >> watch out ahead. the passengers in one car very lucky to be alive. we'll have that incredible picture. >> very distressing. >> that could have taken somebody's life. >> god only knows what could have occurred if the axe had gone fully through.

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bill: fox news alert here in new york city. we're watching this through fox new york and helicopter shot around midtown. this is 57th and 6th avenue. there is glass falling off one of the skyscrapers. whys we don't know. there is early indication it might be a broken window. there has been significant construction in that part of the city where some workers have been doing bomb be blasts seven floors delow the street to establish a foundation what will be a another skyscraper at some point very soon. whether that has anything to do with it we don't know. glass falling on sidewalk is something you don't want walking on the sidewalk. we will keep an eye on it, let

you know what is happening in new york. patti ann: torrents of water flooding ucla campus finally have stopped after a massive water break yesterday. millions of gallons gushed from a 30-inch pipe flooding streets and several buildings on campus. several people were treated from carbon monoxide exposure from the pumps. >> i believe we're moving in the right direction as we speak. hopefully within a day or so things will be reopened and we'll, you will see us begin to return to normalcy. >> that is one hello of a pothole. looking at city's infrastructure, this reminds us on the critical need to invest. patti ann: even the school's legendary basketball arena, pauly pavilion was flooded two years after it was renovated. ucla's athletic director says the floor will be ready for

basketball season. >> no corruption, none? >> there were some, there were some boneheaded decisions. >> boneheaded decisions but no mass corruption. >> not even mass corruption. not even smidgen of corruption. bill: that from six months ago, bill o'reilly, president obama, super bowl sunday. newly-released emails from the irs scandal fueling calls for special prosecutor n those emails lois lerner shows her disdain for conservatives and republicans in general. we have a partner from foley and lardner and attorney representing tea party groups targeted by the irs. welcome back here and good morning to you. >> good morning. bill: a couple examples for our viewers on irs emails. we don't need to worry about alien terrorists. it is our own crazies that will take us down. how do you see this now? >> well, look, lois lerner was intentionally biased against conservatives and against tea party groups and this just demonstrates that what happened

was intentional, it wasn't accidental. it wasn't rogue agents in cincinnati. it was person at the very top of the food chain within that division of irs responsible for reviewing and approving applications for exempt status for all these citizens groups and they made the decision based on pressure from the white house and president going around speaking an democrats in congress demanding publicly and privately that the irs should do something to silence these groups so they did. bill: here is another one. great, maybe we are through if there are that many blank holes. >> right. bill: i would imagine, you would think something like this shows bias? >> absolutely shows bias. here's another thing that we need to really start thinking about. irs employees belong to the national treasury employees union. they have given, 94% of the their contributions to democrats this cycle. they have given money, contributions, treasurer's union. this is irs employees and

others. they have given to 11 of 18 democrats on the house oversight committee. every time there is hearing on any aspect of this investigation about the irs targeting the democrats come in, one by one say the same thing over and over again. let's shut this down, let's shut this down. i think we need to hold democrats accountable because they really, they were involved in starting this and now they're trying to stop the investigation and the more we learn, the more we realize how intertwined lois lerner was with the democrats in trying to go after and silence these groups. bill: here is one more email. this was with regard to some talk show hosts on the radio. i'm talking about the host of the shows callers are rabid. even if, as an attorney you would argue bias in a case like this, you still need the attorney general, department of justice to move forward. >> absolutely right. bill: do you see that happening? >> no. it is outrageous because clearly, in fact yesterday the house judiciary committee held a hearing on the appointment of a

special prosecutor and they had scholars, legal scholars before them and i went in and listened to a lot of that hearing and it is clear that these circumstances demand the appointment of special prosecutor. but eric holder is the enforcer in chief for the president of the united states and he is, he is simply stonewalling because they don't want the truth out. they do not want to hold anybody accountable for this -- bill: if that is the case, and that is true, i don't mean to interrupt you, the story stops there then, does it not? >> well, i think that the house republicans have continued to hold hearings and continued to follow up on every lead and get documents and just got those emails literally within the last few weeks. and only because they have been dogged, determined and relentless, have we gotten the information we've gotten. so my hat is off to them, i want them to keep doing what they're doing. around through the lawsuits we hope to get more information.

bill: one more thing on this apparently these emails, this correspondence we're talking about today, happened nine days after the election in 202007. we still do not have the emails between the period of 2009 and 2011, right? those were the emails that have claimed to be missing or hard drive was destroyed and now it is not destroyed or whatever the story is in the end. will we get those? >> well it is really hard to know the answer to that, bill. we are, because they keep changing their story and different people keep coming to the hill, saying well, maybe the backup tapes weren't destroyed. bill: or a server. >> exactly. and they have been doing everything they can to stonewall an to keep us from getting to the truth, but you know, we have to keep trying. slowly but surely we get more information every day. we have to be patient and keep trying. bill: we'll see if something happens or not. cleta mitchell, thank you for your time. 19 past. patti ann? patti ann: new questions about another reported incident

involving a malaysia airlines jet. we'll have details on that. bill: no sign of this missing mother. she has been gone for at least a week now with very few leads to go on the where do the police turn next. >> we're reaching out to do the very best we can. i know i have driven many roads looking and searching after work and sharing facebook and trying to get the word out there.

bill: you're driving down the highway and an axe comes flying through your windshield. it happened in massachusetts. interstate 95. police say the axe bounced off of a landscaper's dump truck. the passenger was shaken up but not hurt apparently. >> struck the road surface. bounced, spun through the air and went through the windshield right at eye level with this woman. if this axe penetrated through her and hit her, she would have

been injured or killed. bill: wow. the truck driver got a ticket for 200 bucks for not properly securing the axe. patti ann: i guess so. bill: that's a story for folks later, huh? patti ann:'s said it could have been so much worse. really a miracle. bill: so got the axe today. no, i really, i got the axe. patti ann: that is her line for rest of the day. the search for a mission mom in oregon is going nowhere after a survey from the air brought up nothing. jennifer huston disappeared a week ago today. she was last seen at a drugstore in dundee south of portland. huston bought gatorade, trail mix and sleeping pills. mark if you recall man, former l.a. homicide detective and fox news contributor. thanks for being with us. we had two helicopters. search-and-rescue teams on the ground. boughts around the river. everyone scouring backcountry roads. no sign of her or her green suv.

she topped of the tank the day she vanished. no gas since then. checked water. no tire tracks leading into it. what do you make of all this? >> well, patti ann, it is not unusual. we just report on a few cases like this in the country probably every week or month but, when you look at this, there's nothing that she did that was abnormal for her. there is nothing she did that was abnormal for most normal people that are, you know, family-oriented. she is running errands. and then she disappears. phone goes dead about 35 minutes after the last video surveillance, last activity that she was observed. so, now you have two choices. she either separated from her vehicle, went for a walk or a run and was intercepted by somebody else. or, she was intercepted while she is in her car. i think the aerial surveillance was certainly to try to find the

vehicle in the, in the case that she separated from her car willingly because there is no evidence of anybody was in the car. that's the problem with this situation right now. the vehicle and the victim are both missing. patti ann: yeah. there is speculation that she committed suicide or just ran away from her life. she is a 38-year-old stay-at-home mom. she has a toddler and six-year-old son. when she left last thursday as you mentioned, said to her husband, i'm running errands. with drew 150 bucks. seen on video buying gatorade and trail mix. a lot made of sleeping pills. not enough for a lethal dose doctors say. people say she may or may not have known that. her husband said look, she was having headaches for three days. she probably wanted help getting asleep. is it significant, sleeping pills? >> i don't think it is significant. they're over-the-counter

sleeping pills, something like unisome or something a very, non-controlled. so that is how little of a danger they are. i don't think that is unusual at all. and with the family habits of this woman and police in a very timely and quick and professional way eliminated the husband who had the most access to his wife. they gave them a polygraph. he passed it. now they can focus on the search for this young mother. when you look at everything they have done in this case with the family, this is a cooperated and they paint ad very good picture of this woman and i don't believe that they think that at all. i think they think there was some type of foul play involved in this place. i'm familiar with this area and i've been there several times. you're not just driving down the road and just drive off the road and nobody would see this. this is a very kind of flat,

rural area with wineries and this type of thing along this highway. so it is very active but it's rural but it is not treacherous terrain or anything. so, you know, the problem here is that they have no connection to her location. patti ann: right. >> and her disappearance. patti ann: it is quite a mystery. mark fuhrman, thank you so much for joining us. >> thank you. bill: 28 past the hour now. family members waiting for answers after the shoot-down of that jetliner. might be one step closer to finding out what exactly happened there. we'll explain why and developments on that today. patti ann: also did president obama violate the constitution with his executive orders? we'll have a debate on that fair and balanced over this new lawsuit coming up. >> so today we consider a resolution to authorize litigation by the house to restore political accountability and enforce the rule of law. captain obvious: i probably wouldn't stay here tonight.

man: thanks, captain obvious. captain obvious: i'd get a deal for tonight with deals for tonight from hotels.com. and you might want to get that pipe fixed.

bill: about 9:31 here in new york. investigators finally getting a close up look at the crash site of flight 17 in ukraine. investigators from holland visiting the site for the first time this week. steve harrigan live in kiev with more on that. are we seeing some signs of possible progress here, steve? >> reporter: bill, the first sign really in two weeks since this disaster began. dutch experts really, after being turned around four days in a row, a small teach made it to that site for the first time. they were under armed guard as well. it really cops as part of a one-day cease-fire offered by ukraine's government, a pretty tentative cease-fire at this time. the main goal on the ground for the investigators is to try to determine and recover how many body remains still are at that site. one australian official estimated there could be still two weeks on, as many as 80 bodies at that crash site, bill. bill: that remarkable and

sickening at the same time. steve harrigan, thank you. live in kiev for us. patti ann: well the house has given the go-ahead to sue the president and the house speaker boehner says he will not try to impeach the president, he does insist that mr. obama so-called executive overreach must be stopped. >> are you willing to let any president choose what laws to execute and what laws to change? are you willing to let anyone tear apart what our founders have built? think not only about the specifics of oath you took, think about how you took it, as one body, standing together. patti ann: well the president says this is all just pre-election politics and that he wouldn't need to use his pen if congress would do its job. >> we could do so much more if congress would just come on and help out a little bit. [applause] just come on.

come on and help out a little bit. [applause] stop being mad all the time. patti ann: well doug schoen is a former, they're both laughing already, former advisor to president bill clinton. monica crowley online opinion editor for "washington times." both are fox news contributors. thanks for being with us. you know, doug, president obama, stop being mad all the time. are democrats under the impression that the republicans want to be mad? or that they're genuinely troubled by the direction the country is going? >> i know they're genuinely troubled but their level of anger is misplaced politically, patti ann, because the circumstances are such that the republicans have the worst possible ratings they could, they're seen as too negative, too nasty and by suing the president, and then talking of impeachment, as sarah palin has done, they're reinforcing the negative image they have which only hurts them at a time when they're actually losing in the

generic vote for congress. >> monica, speaker boehner says this is absolutely not a precursor to impeachment. however the democrats sent out fund-raising letters and e-mails saying exactly what it is. this is all the road to impeachment and really working for them. they have raised a lot of money since this lawsuit with fund raisers targeting the lawsuit specifically. is this going to backfire on the republicans? >> i'm not sure, it may. i'm not particularly in favor of this boehner lawsuit. everything that the speaker said right there about the constitutional violations, the abuse of power, all that is true on behalf of this president. i think every day of this presidency has been an impeachable offense. the problem when you sitting in congress you have certain tools in your tool box to deal with these kind of abuses by the executive brand. this one of them but think this is rather waste of time because there issues of standing, whether or not or not congress has standing. judiciary doesn't like to get

involved in spats between the other two branches of government. the other tools that you have they mentioned impeachment and democrats are running wild with this ion though nobody is suggesting seriously impeachment of this president. impeachment is one, "nuclear option." will not happen. the other tool in the tool box apart from this lawsuit which will go nowhere, defunding a lot of president's priorities, namely obamacare which is basis of this lawsuit that the president moved beyond his powers and acted unilaterally and changed the law when it was inappropriate for him to do so. if they were to defund obamacare, defund talk a the immigration rule, unilaterally, if they pulled money that could be much more serious tool -- daca. patti ann: doug. >> what you didn't hear from monica is positive agenda for change. what the american people want how do we revitalize the economy, despite 4% gdp is still

morey bunted in many ways. -- moribund. how do we change it, how we make it work for all americans and what is really miss something a positive agenda and democrats really want the republicans to be more negative because it will help them in the midterms. patti ann: okay. monica, the supreme court has had some recent rulings that backed up some of these accusations of overreach. >> absolutely, on number of fronts the supreme court ruled against the president yet he is undeterred. a lot of republicans say, once we get the senate, assuming that the republicans can take control over that in november, that we'll have, we can put brakes on it. think that is true. except this president proven time and again he doesn't need congress. he is more than willing to bypass congress whenever convenient to do so, executive orders, bureaucracy, through his czars. what they're trying to do is at least raise awareness this country that this president is out of control. patti ann: doug, we keep hearing shoe has been on other fit, it

has been the republican president the democrats object strongly with executive orders being issued or what not. kind of both sides here. >> it would be fallacious for me to say that both sides don't play politics. the difference i think democrats however misguided it may be, at least have an agenda and the democrats, you know, didn't try to impeach george w. bush. they basically offered alternatives to republican policies. i really think, as a country, patti ann, we would do better to deal with the border crisis in constructive way, rather than just play politics, be divisive and negative. patti ann: getting a rap. the republicans are not trying to impeach the president. >> sarah palin is. patti ann: that is true. doug schoen, monica crowley. bill: 22 minutes he have about the hour. former president george w. bush apparently writing a book about a previous occupant of the white house, his own father, number 43.

according to the publisher the book will cover george h.w. bush's entire life including the influence he had on his son. the elder mr. bush is one of the few modern presidents not to have written a memoir. this from the ballpark at arm lidge ton last night. doctor arlington. give it a look. cool moment there, the 43rd president making news during derek jeter's farewell tour. that is going on for 162 games. he gave the famed shortstop a framed photo from the 2001 world series, right after 9/11, mr. bush came out and threw the first pitch. it was a strike in yankee stadium. the joint went nuts. mr. bush, by the way, used to own, used to be one of the owners of texas rangers down there. but a cool moment nonetheless. we all know, and all remember that first pitch during the world series september 11th. patti ann: oh, yeah. bill: it had to be strike. jeter said, when he went out

there, don't bounce it. patti ann: good advice. bill: they did. what happened? it was right down the middle. patti ann: catcher never moved. all right. much heavier night, note, israel is stepping up its assault on hamas, calling up 16,000 more reserves. ambassador dan gillerman will be here to talk about where this is all going next. bill: he is fired up too. lady luck shining brightly on this guy, not once, not twice. a lottery windfall beats all the odds. what is up with that? one lucky guy. ♪

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patti ann: an update now on that glass that came crashing down from 24 stories up at a skyscraper in new york city near central park. new york police now saying at least two people were injured below by that glass. one hit in the head.

the other cut in the leg. those injuries are reportedly not life-threatening. there is no word yet on why the glass shattered. bill: israel calling on 16,000 more reservists, a sign it might be ramping up its offensive against hamas. the total israeli deployment now at 86,000 as international calls for a cease-fire go nowhere. here is what israel says it is fighting over, watch. [gunfire] the idf releasing that video. israeli forces storming a home in gaza city, finding weapons and an entrance to one of the many tunnels leading into israel. prime minister benjamin netanyahu vowing israel will not stop until the mission is complete. where is that mission now? ambassador dan gillerman, former israeli ambassador at the u.n. and fox news contributor out of tel aviv. thank you for your time. i will try to get to some facts

here, okay? my understanding based on reporting from 48 hours ago, israel located 31 tunnels and had destroyed 15. is that where it stand today, based on your knowledge? >> we've discovered about 35 tunnels and we've probably destroyed more than 15. but there is still many tunnels which have been undiscovered or many tunnels which have not been dealt with. this, bill, truly is a horrible, horrible reality. i really, i asked you, you personally, bill, an every american watching us, what would they feel, how would they live, what would they do, if they woke up one morning to find a tunnel under their children's bedroom with masked men, rising out of it in order to kill your wife and kidnap your children? this is the reality which the citizens of israel and the south of israel are living with.

this is reality they have been living with for the last few years and that is why we will not stop despite all the demand for a cease-fire, until we have made sure that every single one of these death tunnels is eliminated. bill: how and why has it been so difficult for israelis to find these tunnels? >> you know, bill, it is very, very strange. israel is a country together, with the aid of the united states, developed the iron dome which can track missiles miles up and detonate them and israel has even found oil and gas miles under the ocean but these tunnels are dug in very devious way, in a way, primitive way. they're drug in homes. they're dug in mosques. they're dug in hospitals. the palestinians are made to live with a tunnel under their

floor. they're made to live with missiles under their roof. that is the horrible, horrible reality. the u.n. has discovered rockets in three separate united nations schools. gold today meir said years ago that there will not be peace until arabs love peace an love their children. people that put rockets in their own people's homes don't love their children. if you live over a tunnel don't be surprised if you don't wake up the next morning. bill: a u.n. school hit again today. 16 dead as a result. a report pro yesterday where a school was hit also. israel defend the hits taken at these u.n. schools? >> well, first of all, what happened at those u.n. schools

is still being investigated. in fact the school yesterday or the day before, was found out in the end, it was actually a hamas rocket which exploded. but you know, every palestinian child and every school that is hit is for us a horrible mistaker and a tragedy while for them, every israeli school that is hit and every israeli child that is killed is a victory and cause for celebration. when you have a ruthless, bloodthirsty, evil enemy that uses its own people as human shields, sometimes sadly, people get hurt. bill: as you know hamas -- right. >> are victims of their own regime. bill: hamas says this is where the most desperate and most innocent are seeking shelter. to that you say what? >> to that i say that i really grief for the people of gaza. they are held hostage by blood

thirsty regime, where political leaders stay in doha and stay in five star hotels and travel in private planes and military leaders cower like mice under, under the tunnels they have built, both to penetrate israel and to hide in. and they use their people, they don't care about those people, believe me. in fact i would say something really horrible but, it is the truth. i think in a very cynical way, hamas celebrates those photos because they say it will do them good. we grieve the at photos and try to avoid as much as possible that. >> is strong, strong statement. i need a short answer. last incursion lasted 21 days. that was in 2009. right now the incursion in day gas is a day 13 or day 14. will this go another day or another week or go longer? >> no, bill, this excursion is day 24. it is actually longer than the last incursion into gaza. but it is longer because we have a very tough job to do and we

will not stop until we finish it. and i can tell you the israeli public is united. they're behind the israeli government and israeli army. we also feel we have a lot of legitimacy and support from the outside world, including the united states but also countries like egypt, saudi arabia, the gulf states, who publicly have said that we're doing the right thing and believe me, even the palestinians on the west bank would like to see us destroy hamas. i hope we do. >> we've got to go. i'm out of time. dan gillerman, thank you, mr. ambassador from tel aviv. >> thank you, bill. patti ann: new developments in the biggest ebola outbreak ever. how far could this deadly virus spread? bill: two years after the attack on the consulate in benghazi, we might finally get some real answers. >> we can say after a definitive look at thousands of cables, hundreds of interviews, talked to the people on the ground that the facts do not support that there was any intelligence failure.

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patti ann: two missionary groups are now otherring all non-essential personnel to leave liberia as the death toll rye is in west africa's ebola outbreak. a an american doctor and missionary worker among those fighting for their lives there after coming down with the highly infectious disease. what can be done to insure ebola does not spread here joining us now, dr. devi, assistant professor of anesthesiology and rehabilitation at nyu school of medicine. thank you for joining us. >> hi, patti ann. patti ann: three days, total of 222 new cases and 57 deaths were reported from liberia, sierra leone and nigeria and guinea.

the cdc says absolutely possible someone carrying disease not yet symptomatic could get on a plane and bring it here to the united states. the center said it would not spread the way it has overseas because we have better containment system in place. do you agree with that? >> i do agree. a couple of things we have to think about. they're looking at people in terms of screening points and stuff in airports in africa, making sure people are not sick. it is true someone might not show symptoms right away, the you but at least in terms of finding people actively contagious they're asking questions. they are able to prevent people from coming here into this country. the second thing, we have to think about the situation in terms of our hospitals and our infrastructure compared to in west africa. if somebody here has a deadly contagious disease we can isolate them within the hospital. we have equipment to use to treat them and sterilize it to completely remove any trace of the virus. we can throw out equipment or different medical supplies f you're talking about poorer areas, they don't really have those resources.

they don't have the equipment. they don't have that ability. so it is a lot easier for something like this, a deadly contagious disease to spread a lot faster. patti ann: initial symptoms unfortunately are very common. if you go to the doctor with these systems they will not test you for ebola. if you did somehow contract it is possible you wouldn't know until very late. this is tough call for doctors. they can't test for everything, right? very briefly. >> right now i wouldn't think that people should actually test for ebola but, the things that you would look for are bleeding. initially people have the common viral symptoms but if anybody starts breeding from their orifices you would worry about elowell ba. patti ann: absolutely. dr. devi thank you so much. >> thank you. bill: will washington find the solution to our border crisis, and if they pass something will that something even work? plus a bipartisan message for the middle east. we'll talk to senators chuck schumer and lindsey graham together live. sy as it gets. wouldn't it be great if hiring plumbers,

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jon: 10:00 in new york, 10:00 in washington where it is a race against the clock. scrambling to pass the emergency border bill before the recess but first they have to satisfy some of their own members. good to have you along with us today. >> the house is considering two related bills, one address and immigration crisis along the border. white house has threatened to veto that one. some conservatives are pushing another bill to block the president from taking further executive action on deportation. bill: so what gives, right? mikey manual. where do things stand in the house as of now? >> all eyes on house floor to see if they can come up with 218 votes for the $659 million border funding bill to address the immediate crisis there at the southern border.

a spirited debate on the floor board against two separate bil bills. one providing money and policy changes that would effect the situation at the border and another bill hoping to end president obama's deferred action for childhood arrivals program. after 13 house republicans met with ted cruz last night and he urged them to fight president obama's amnesty, tennessee congressman has a bill that would be designed to prohibit be poor tatian relief illegals so you can expect the house to take up the money bill first if that passes, and they will take up the second bill by marsha blackburn to keep the president from bringing more children to the u.s. bill: what should we expect from democrats? >> they say it is a much bigger crisis in the border, to $.7 billion funding bill, said this point democrats are arguing

against the house plan. also sitting back to see if republicans can drum up 218 votes for their plans, and then we will see. the senate, harry reid and democratic leadership watching and waiting to see what the house is able to do, bill. bill: we are watching too, thank you. patti ann: texas senator ted cruz meeting with a dozen fellow conservatives to map out their strategy. >> we have sat down and we do these every couple weeks and i think we need a lot more conversations between the senate and the house and talk about the challenges facing this country, talk about the challenges and priorities each of us are facing and enjoy a little bit of pizza and company. patti ann: gaining conservatives support for immigration bill is

the hard part. coming up, a member of the house working group looking for solutions to the border crisis. bill: you may need some more coffee and red bull. patti ann: the house intelligence committee finishes the long-awaited report on benghazi. the findings will not be made public yet but have to be declassified. many hoping for new insights into the deadly terror attack that left four americans dead and families still searching for answers. >> i am thankful they're reaching across the aisles and eventually the truth will come out, i think the committee will play a major role in heaven the truth come out. that is necessary not just for the closure as far as the family is concerned, but also for the health of the nation. patti ann: catherine heritage live in washington.

what are we learning about the report? >> good morning. there was no intelligence failure, all roads lead to the state department and its failure to act on multiple security warnings. >> clearly the state department portion of this needs a further review. somebody made decisions at least in some way contributed to the death of four americans in the chain of command on the security side. >> while the state department and mrs. clinton has said the decisions were made by mid-level managers, this letter to the president from the chairman of a house committee investigating benghazi describes the cable which fox news understands was never produced intelligence committee or mrs. clinton per se signed on reducing security. a cable baron senator clinton pitcher acknowledge requests for

additional requests but nevertheless ordered the withdrawal of security at proceed as planned. threport was approved by republicans and democrats, now goes to intelligence community for declassification. chairman rogers told fox news the evidence did not support a protest spinning out of control into that attack. >> the narrative portion of that happens later, that happens thousands of miles away in washington, d.c. the facts are pretty clear on this, that is why we are hoping for a bipartisan report in the senate. reporter: if you democrats said "initial talking points provided were flawed because of conflicting assessments. not an intention to deceive. a key briefing came from david

patraeus december 14, 2012, wher emphasis on protest and minimize the skill and planning for a precision mortar attack on the cia. some lawmakers say as talking points controversy blew up, the general seemed to change his story that without a transcript of that meeting there was no way to prove serious allegations, but in those briefings going forward, they are no longer just handwritten notes. patti ann: thank you. bill: the government accountability office released a stunning figure on the rollout of the obamacare website, nonpartisan investigators say the obama administration is to be blamed for this management and your government spent $840 million trying to launch healthcare.gov.

a fox news contributor, how are you doing? shifting deadlines, different requirements, they touched on everything, didn't it? >> none of this is actually new. it is still quite searing to see it in black and white and a government report like this, and the basic story is a government agency had three and a half years to get a website up and running as a key part of the signature initiative and it completely blew it, it failed to plan properly, failed to exercise proper oversight so we got this technical meltdown by the ages briefly seemed as though it would risk being done it their health care law. bill: issued some of the key technical requirements were still not known, 40 where the work was approved incorrectly.

the site was launched without verification it met performance requirements. that is bad management. the cnn poll was a whopping majority of americans feel the administration and president could not effectively govern in america. >> the idea this administration is incompetent. the other is the government is incompetent. one of the enormous ironies of the obama administration, one of president obama's main missions was to restore confidence in government instead he has done the opposite over the last six years. bill: this website could approach a billion dollars. i would look at the first billion dollars website in history? >> i guess so, it doesn't function right.

they did the salvage operation making it possible for them to sign-up millions of people, but the website is still not close to working as intended, this was supposed to be the wonder of the technical world, a federal massive federal benefits program run entirely online that would be able to check people's information against other databases and require no paperwork or federal personnel whatsoever. none of that is operating the way it was intended. still don't have what they intended to design. bill: you say it is still not 100%. you had made the point at one time about it operating on an honor system. is this website still at that level? >> it is very close to the subsidy. we are still taking people's

word for it reporting over the last several months has been enormous numbers of discrepancy for income, citizenship status, still an unholy mess. bill: is is $840 million. enjoy your time, we will see you soon. thank you. patti ann: israel condemned over civilian cattle disease in gaza. where's the outrage over hamas using those civilians as human shields? two top editors. lindsey graham and chuck schum schumer. bill: will they get it done? we will talk to one lawmaker about the critical issues americans need to know about. patti ann: a baseball fan gets drenched. right in.

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bill: one woman dead, and other serious injured after a small plane crashes does have a shopping center in san diego. at the top of a target store on the way down area did >> i heard the plane taking off from the airport and i could tell they did not have full power, i

looked up behind me, i could see the plane was very low, they were starting to turn and i followed it around and they missed my building probably by 15, 20 feet. i knew it was going down and i heard the distinctive thud. bill: several witnesses pulling women out in the wreckage. patti ann: we are starting a vote later today on a border security bill. lawmakers have been working night and day to find solutions. my next guest keeping a close eye on passing the latest bill. matt salmon sits on the fort affairs committee, thank you for joining us. you support the current immigration bill, tell us why. >> it does with people have been calling for for a long, long time. they have been asking for that come i think that is very important. it ends the catch and release

policy. feeding kids the same way as we do from mexico allowing us to reunite them with families far quicker, and finally i gives the border patrol agents unfettered access to land. the administration forbids them from going on certain land because of environmental concerns, this takes away those requirements and allows unfettered access because the coyotes and the cartel go on the land because they know they can't go there. i think by and large it is a very good bill. we will have a companion bill voted on about the same time, which is a bill marsha blackburn has introduced forbidding any future changes and would not

allow it to go forward any new people being given amnesty based on the president's executive orders. >> some are concerned it doesn't go far enough preventing future border crossing and other aspects of it. how do you respond to the conservatives who have those concerns? >> it can always be better, i don't disagree with that at all. some recommendations i made that were not included in the final bill. i think it will stop catch and release, allow unfettered access to federal land so they can track the bad people, and it will give our national guard the ability to patrol the border as well. by and large it is a good piece of legislation. this is a good step in the right

direction. we win the senate next year, hope we do, we can do a very robust security bill. the other concern is the president going to use his phone to do whatever he wants to do anyway? patti ann: does this bill have the votes in the house? and opponents to the senate will add some comprehensive immigration reform, what happened in the senate of it passes the house? >> they're scared to death this is going to pass because president obama has called for some of these changes and is now threatening to veto what he said he wanted. they realize american people will see through the hypocrisy they're making threats they will include this or that, but the fact is if they try to put the gang of eight or some sort of comprehensive immigration reform bill on it, it is dead on arrival back in the house.

if they're serious about fixing this problem, we will give them a bill that fixes this problem. if they want to play political games, the american people will see through that. patti ann: one of the key components was the change in the 2008 law allowing children to be treated differently from mexico and canada allowing them to be repatriated. how exactly will that work in the current environment? >> writes now there is a lengthy process the children must go through because of the human trafficking act of 2008. it basically guarantees them a certain kind of judicial review and guarantees and ability to go and be given custody and go through a very lengthy process that writes now takes 3-5 years, which essentially is de facto amnesty, and that is what the

cartels and coyotes are marketing. you disappear into the communi community, you basically get it. that will change of this happe happens. they will be adjudicated in five to seven days instead of three to seven years. patti ann: we will see what happens to this proposal. thank you. bill: do you have a second amendment right to carry a gun beyond the doorstep of your home? why they said no even if it is to protect yourself. patti ann: and is there a double standard over the executive orders? fair and balanced debate coming up. >> from either party must not be allowed to ignore the constitution and circumvent congress. ♪ don't miss a step...

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patti ann: and unlike a catch at a baseball game in san francis san francisco. a home run ball comes sailing toward a fan the outfield. the ball lands in the cup she is her left hand. soaking her in beer. hopefully somebody made sure she got a refill. pattshe did make the catch, sor. bill: it could have been gatorade. i am just saying. can we see it one more time? we try. now to the battle your second amendment right with one judge saying americans have no right to carry a gun beyond the doorstep of their house. in l.a., what was said?

>> 2008 supreme court said americans have a fundamental right to arm themselves but some states are trying to limit the decision saying the right to own a gun ends when you leave the house. >> i was devastated my own safety wasn't protected. reporter: a a single mother alws around guns and now a permit to carry one to protect herself when she is on the road. >> i travel for living. i carry a lot of cash. reporter: they denied the permit request. if she lived elsewhere in california or the other 41 states where the open permitting rules exist, she could carry a concealed weapon outside the home but in the nine states like california, the decision is up to a local official, usually the sheriff, to decide whether to issue a permit even if the

applicant demonstrates good cause for needing one. >> if you give a government official too much discretion in determining whether or not there is good cause or special need or whatever there is that needs to be established to get a license, if it is not objected, it allows for bias to be creeped in. we have had that going on for years. reporter: she says that is what happened to her. friends got permits while she and others could not. they thought that was wrong and the court of appeals ruled in her favor. strongly considered by president obama for seat on the supreme court said "carrying concealed weapons in public by definition is not inherently involved in the heart and the home, so the second amendment is not implicated." now the state's attorney general is hoping to intervene in the case.

>> i will probably be right there on the doorstep. >> in counties that have relaxed rules there have been more concealed carry applications and the sheriffs can handle. bill: thank you for that story. patti ann: keeping a close eye on the house floor. bill: growing claims they're using gaza as human shields. charles schumer republican senator lindsey graham joining us live on that next. >> evacuate an area, the leader is saying get on top of the building, fire your chest with the enemy. ♪ [music]

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patti ann: a fox news alert, we are waiting houseboat on immigration crisis today. the house beginning debating border patrol and him and is

now, republicans pushing this new legislation to deal with the surge of illegal immigrants while trying to minimize costs. some republicans are against this bill say it does not address the issue of granting work permits to folks brought here illegally as children. time is running out, congress set to begin the summer recess at the end of this week we will continue to monitor the house floor and we will bring you mo more. bill: watching the clock. breaking news, israel calling on 15,000 reserves to fighting in gaza. both sides suffering casualties in the ongoing conflict, but the vast majority reported in gaza. partly because hamas is using human shields. he has written a letter with 78 other senatorscalling their colleagues attention to this issue. good morning to you. what was the purpose of the letter?

>> the purpose of the letter is to allow our colleagues to understand hamas and who they are. what al qaeda wants for us, we have video and you have it in your possessionhamas is encouraging their population to run toward targets israel has distributed leaflets to stay away from. they send e-mails and leaflets to avoid an area, hamas is telling the people to go to that area to become martyrs. that is what this video shows, that is why we want the world to know w who will not fit. bill: chuck schumer, welcome back to "america's newsroom." tell us what you think it is so significant to have this resolution and the message that comes from it.

>> we all regret the loss of life on both sides of the gaza-hamas border, it is terrible. but you think about who has caused it and was to blame for it, it is hamas. they are trying to put the blame on israel for they can continue doing what they are doing. hospitals, mosques, homes. they provoke a war by kidnapping three israelis and shooting rockets, and when israel responds they tell their civilians to stay there. it is clear hamas. looking out out the well-being of the average palestinian and yet too many people cbs really rockets hurting people, they forget that, and the purpose of the video was sent the colleagues will show what hamas evil purpose is. bill: they will say there are

civilians hiding there. >> there was a whole big fuss, they acted as if israel did it, three days later comes out it was palestinian that did it. israel has documentation where rockets have been hit in in two of the schools, so what we hope will happen here is two things, first israel will be allowed to take away from cards, and palestinian people because they have closed off those tunnels will be palestinian people and find some new leadership. if you ask the average elston from what i'm told, they're mad at at israel and hamas. bill: it appears 35 tunnels have been located. looking for these since 2003. more than half have been

destroyed. he seems to be more alone in this war than in the previous conflicts. it is getting support from iran and syria and there is argue out of cutter, but the egyptian government is leaving them alo alone. why would it be that way? >> the big difference is hamas over time is for who they are. when they provide aid instead of building a hospital or at scho school, they feel horrified of attack on israel. they are giving israel the space to defend themselves against terrorist organization that disrupted the entire middle east. i just want the united states government to be informed to give israel space to deal with the rocket attacks, i think it

is amazing most of the arab world are actually pushing back against maas. that is what this is all about. information. bill: i want chuck schumer to answer that as well. >> hamas is a bad, evil organization not interested in the palestinian people. it is interested in the terror and destruction of israel. they are little bit more adept this time than last time, more casualties on the is really, but at the end of the day, the leaders of the arab world most realize hamas is a greater danger to their stability, much greater danger ultimately than israel. bill: one more topic for senator schumer on this. collies in washington, d.c., have confirmed to your office you were in the white house during the attack on benghazi,

what were you doing that night? >> nothing to do with benghazi or the president domestic issu issues. it was not debate prep. bill. tell us what the president was doing that evening? >> i don't believe i saw the president that evening. i go over to the white house all the time, almost all the discussions i have are about domestic policy. >> the west bank is occupied by palestinians and israel and the west bank have a working relationship, the goal. >> the palestinians go after the terrorist. gaza has had a stranglehold and

hopefully they will be able to throw that all. bill: thank you for your time. appreciate it. patti ann: your chances of winning the lottery are very slim but one indiana man won the prize twice in three months and he did it on scratch offs. was going to buy a house, take a vacation, the usual things but the second win he calls icing on the cake. he is trading himself to a motorcycle. bill: how do you win the lottery twice? do a google search on that. congratulations.

bill: a suspect on the run, details on this standoff that followed this chase. patti ann: are democrats hypocritical to talk about the speaker of the house? speaker john boehner says it is not partisan politics. >> it is about defending the constitution and acting when it may be compromised.

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bill: southern california watching a high-speed chase on the road and then on foot. firing a gun with officers following the suspect deep into malibu where he ditched the car, try to make a break for it, leading to a 90 minute standoff before he was eventually taken into custody.

patti ann: running is usually not a good idea. bill: especially in a helicopt helicopter. patti ann: house republicans moving ahead with plans to sue president obama. voting to authorize john boehner to take legal action against the president for allegedly exceeding his constitutional authority. >> 80 years ago some in the minority and clean the ranking member of the rules committee were plaintiffs in a lawsuit filed by democrats against george w. bush. the majority were brought by a small group of legislators for individual members. today the house as an institution will vote to authorize the suit which gives the case i believe a far better chance in court than previous

attempts. patti ann: joining us now, syndicated radio host, and a former president of the women's media center and fox news contributor. thank you both for joining us. a spokesperson for former speaker nancy pelosi 2007 said this. the president has made a use for signing statements and congress considering ways to respond to this executive branch over reaching through the or appropriations process and new legislation and congress will challenge the president nonenforcement law. nancy pelosi herself said we can take the president to court. now let's listen to the outrage now that republicans are taking the president to court. >> they don't have the standing to do what is right for the american people and they do not

have standing to sue the president of the united states. >> when this do-nothing congress decide to do something it is suing the president for doing his job when they refused to do theirs. >> what is going on? >> hypocrisy from a democratic party, what a surprise. you could knock me over with a feather. the courts have said the congress has a right to go to court when necessary to issue subpoena for the executive branch. this is something designed to correct something the president is not doing, that is doing his job. he is exceeding his constitutional authority. this is outrageous a law passed that most people call obamacare now being modified by the president pushing back deadlines and changing huge parts of the law.

the president says he has a constitutional authority to change laws without going to congress. he is no constitutional scholar. patti ann: if they ignore laws that you like your representative voted for or the president told government agencies not to enforce those laws made by the people or unilaterally change that, wouldn't you be outraged? >> patti ann, this is laughable. i know they want to point fingers at nancy pelosi and at times this has been discussed in the past. those are times the country was at war, and the democrats didn't move forward on it. you have a congress that has refused to act on serious issues, talking about tort reform, talk about frivolous lawsuits, blowhard on such frivolous lawsuits and now they are violating one. john boehner to say this is just

another political witch hunt is like me saying i have some oceanfront property in arizona and i will offer it to you for a good deal. that is what they're trying to feed the american people. patti ann: as the congressman pointed out in the introduction, and lawsuit has actually been filed by democratic lawmakers. nancy pelosi didn't follow through on the one she was talking about, but they have filed those lawsuits. >> i really love debating you, therthere's one thing you didn'o come you didn't say nancy pelosi didn't have the authority to file a lawsuit, you just said she didn't follow through on it. you are arguing the comic doesn't have authority to go after the president when at first nancy pelosi said they do have the authority.

>> the congress should act on minimum wage, immigration refo reform, they should not deport children and sue the president. i guess your new slogan is sue, baby, sue. in addition to trying to destroy the economy. >> it is the executive branch that is supposed to deport people illegally in this country and now failing to do so. the congress doesn't deport anybody, they don't run the executive branch. >> this is a congress that has tried everything to repeal obamacare and take a formal health care act away, now they're going to sue the president because it is not being implemented enough. patti ann: we have to go, thank you as always. bill: jon scott is coming up next. how are you doing?

jon: i am doing well. congress is about to flee. nasa much for highway spending and don't even get a spending on the chaos over the border. the lawsuit over obamacare and lawsuit against president obama. team fox coverage and in-depth analysis. plus with heavy drinking can be doing to your memory. and spreading fear and facts over the outbreak of ebola. that is "happening now." bill: we will see you at the top of the hour. driving stoned, will congress have to look at changes to these laws? and a very big discovery.

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go to comcastbusiness.com/ checkyourspeed if we can't offer faster speeds - or save you money - we'll give you $150. comcast business. built for business. patti ann: a plane reportedly forced to avert the take off. australian era officials the never any danger of a near miss and nobody on either plane was ever in danger. bill: driving under the influence, a house hearing right now on a national standard that would be similar to those for drunken driving. live in washington. >> the big problem is nobody seems to know exactly how many people die on the road for drivers who have used drugs or

how much marijuana needs to be ingested before it impair somebody driving. and how to test drivers and pilots. questions that don't have answers between 2007-2012, it decreased by 15%. >> this year's report due out in october will show between 2007 and 2012, while colorado fatalities decreased, over that same time marijuana related fatalities increased 100%. >> university of colorado released a study confirming colorado drivers are testing positive for marijuana involving fatal accidents on the rise. >> congressmen overall being stunned by the lack of understanding on this issue and for that matter where the danger lines lie.

it seems from this hearing it is all the above that is an issue. currently one in eight drivers admit to using drugs, but how much, what kind are all questions we and the government don't know the answer to. the only approved method is taking a blood sample sending it to a lab and then having is tested there. lastly very few studies on what it means to be driving while impaired by drugs. how much marijuana do you need in your system before the dangerous bill. recreational pot is illegal in colorado and washington be at now more than dozen states have decriminalized pot or allowed it for medical use.

there are national standards for pilots or even train engineers for that matter. bill: thank you. in washington. patti ann: the house is racing to pass to bills before summer recess. lawmakers debating an emergency spending bill and w have a live report on what could be a vote next.

>> family in florida has reason to celebrate. they found 300-year-old buried treasure under the sea. they were vacationing on the coast and they were scavaging around and old shipwreck when they found a missing piece from a necklace that spanish priests once wore. turns out that ship went down during a hurricane back in 1715. no official dollar amount for the whole find but according to the state, it is entitled to 20% of it. and the rest can be split between the family and boating company that owns the rights to the wreckage. jon: how about that? cool stuff. >> come up empty-handed or really hit the jackpot. bill: they made for a really

good summer. >> that's for sure. bill: we have to run everybody. make it a great thursday. see you tomorrow. "happening now" starts right now. jon: house lawmakers vote to move forward with a lawsuit against president obama charging he abused his executive power, setting the stage for legal battle with major implications for the midterm elections. good morning to you. i'm jon scott. >> i'm osi umenyiora ma pemmaraju in for jenna lee. -- uma pemmaraju. after the health care law has been repeatedly changed without congressional approval. democrats claim and are calling the lawsuit a political stunt which could end up costing taxpayers millions. jon: chief political correspondent carl cameron live in washington with an update. carl? >> reporter: actual te